[Federal Register Volume 86, Number 46 (Thursday, March 11, 2021)]
[Notices]
[Pages 13915-13918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05094]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-1151; NRC-2021-0062]


Westinghouse Electric Company, LLC; Columbia Fuel Fabrication 
Facility; and US Ecology, Inc.; Idaho Resource Conservation and 
Recovery Act Subtitle C Hazardous Disposal Facility Located Near Grand 
View, Idaho

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant impact; 
issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
environmental assessment (EA) and finding of no significant impact 
(FONSI) related to a request for alternate

[[Page 13916]]

disposal, exemptions, and associated license amendment for the 
disposition of waste containing byproduct material and special nuclear 
material (SNM) from the Westinghouse Electric Company, LLC's (WEC) 
Columbia Fuel Fabrication Facility (CFFF) in Hopkins, South Carolina, 
under License Number SNM-1107. The material will be transported to and 
disposed consistent with a previously granted exemption granted to WEC 
and the US Ecology, Inc. (USEI) disposal facility, located near Grand 
View, Idaho, which is a Subtitle C Resource Conservation and Recovery 
Act (RCRA) hazardous waste disposal facility permitted by the State of 
Idaho to receive low-level radioactive waste. The NRC is also 
considering the related action of approving a corresponding exemption 
to USEI. Approval of the alternate disposal request from WEC and the 
exemptions requested by WEC and USEI would allow WEC to transfer the 
specific waste from CFFF for disposal at USEI.

DATES: The EA and FONSI referenced in this document are available on 
March 11, 2021.

ADDRESSES: Please refer to Docket ID NRC-2021-0062 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly available information related to this document 
using any of the following methods:
     Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2021-0062. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: [email protected]. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to [email protected]. For the convenience of the reader, 
instructions about obtaining materials referenced in this document are 
provided in the ``Availability of Documents'' section.
     Attention: The PDR, where you may examine and order copies 
of public documents, is currently closed. You may submit your request 
to the PDR via email at [email protected] or call 1-800-397-4209 or 
301-415-4737, between 8:00 a.m. and 4:00 p.m. (EST), Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: David Tiktinsky, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-8740, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    By letter dated February 8, 2021, WEC requested an exemption and 
associated license amendment to License SNM-1107, issued for the 
operation of CFFF located in Hopkins, South Carolina pursuant to 
section 20.2002 of title 10 of the Code of Federal Regulations (10 
CFR). By letter dated February 25, 2021, USEI incorporated the WEC 
application in its request for a corresponding exemption. The requests 
are for NRC authorization for an alternate disposal of specified NRC-
licensed byproduct and SNM from the CFFF. As required by 10 CFR 51.21, 
the NRC conducted an EA. Based on the results of the EA that follows, 
the NRC has determined that pursuant to 10 CFR 51.31, preparation of an 
environmental impact statement for the exemption request is not 
required and pursuant to 10 CFR 51.32, issuance of a FONSI is 
appropriate.
    Westinghouse had previously requested and received an exemption and 
license amendment, dated December 9, 2020 to, among other things, 
transfer approximately 1428 m\3\ (50,400 ft\3\) of solid contaminated 
Calcium Fluoride (CaF2) sludge to the USEI RCRA Subtitle C 
hazardous waste disposal facility near Grand View, Idaho that was 
dredged from the Calcium Fluoride Lagoons and subsequently placed in a 
storage pile. USEI was granted a corresponding exemption to receive and 
dispose of this material on December 9, 2020.
    After Westinghouse moved the CaF2 sludge dredged from 
the Calcium Fluoride Lagoons, WEC discovered that the actual volume was 
less than the 1428 m\3\ (50,400 ft\3\) previously estimated. The actual 
volume was 694 m\3\ (24,500 ft\3\). In its subsequent application, WEC 
stated its intent to use other, similar CaF2 material in 
order to aggregate the waste for disposal as requested and approved in 
the December 9, 2020 authorization. In its February 8, 2021 letter, WEC 
requested an exemption and license amendment to dispose of 733 m\3\ 
(25,900 ft\3\) of similar CaF2 from another source, the 
``Operations'' pile. The total amount of CaF2 material (from 
the previous approval and that under consideration here) would not 
exceed the previously approved volume of 1428 m\3\ (50,400 ft\3\), nor 
would it exceed the parameters of the radiological characterization 
that formed the basis of the NRC staff's previous approvals, as 
documented in the Safety Evaluation Report (SER).

II. Environmental Assessment

Description of the Proposed Action

    WEC and USEI requested NRC approval for a 10 CFR 20.2002 alternate 
disposal request, exemptions to 10 CFR part 70.3 and 10 CFR 30.3, and a 
conforming WEC license amendment to allow WEC to transfer specific 
waste from CFFF for disposal at the USEI disposal facility.
    Waste being considered in this request includes approximately 708 
m\3\ (25,900 ft\3\) of previously dredged CaF2 sludge being 
stored on the operations pile. WEC proposes to mix this material with 
other waste and Portland cement to stabilize the material for shipping. 
WEC proposes to transport this aggregated waste stream to USEI using a 
combination of trucks and railcars. The combined volume of 
CaF2 sludge disposed of under the December 9, 2020 
authorization and that under consideration here would not exceed the 
previously approved volume of 1,428 m\3\ (50,400 ft\3\) of 
CaF2.
    The waste streams would be transported from CFFF in South Carolina 
to the USEI facility, Grand View, Idaho in the Owyhee Desert. The USEI 
facility is an RCRA Subtitle C hazardous waste disposal facility 
permitted by the State of Idaho. The USEI site has both natural and 
engineered features that limit the transport of radioactive material. 
The natural features include a low precipitation rate [i.e., 18.4 cm/
year (7.4 in./year)] and a long vertical distance to groundwater (i.e., 
61-meter (203-ft) thick on average unsaturated zone below the disposal 
zone). The engineered features include an engineered cover, liners, and 
leachate monitoring systems. Because the USEI facility is not licensed 
by the NRC, this proposed action requires the NRC to exempt USEI from 
the Atomic Energy Act of 1954, and NRC licensing requirements with 
respect to USEI's requested receipt and disposal of this material.

Need for the Proposed Action

    The need for the proposed action is to authorize a safe and 
appropriate method of disposal for the subject waste material generated 
during day-to-day activities and currently being stored at

[[Page 13917]]

the CFFF. Specifically, the East Lagoon is in the process of being 
closed in accordance with a consent agreement and regulations set by 
the South Carolina Department of Health and Environmental Control 
(SCDHEC). Thus, material associated with the East Lagoon must be 
removed from the site in order to comply with regulatory requirements. 
As was the case with the May 8, 2020 request, the subject 
CaF2 material and Portland cement would be used to stabilize 
this material for transport and disposal. The proposed alternate 
disposal would also conserve low-level radioactive waste disposal 
capacity at licensed low-level radioactive disposal sites while 
ensuring that the material being considered is disposed of safely in a 
regulated facility.

Environmental Impacts of the Proposed Action

    The NRC staff reviewed the information provided by WEC to support 
their 10 CFR 20.2002 alternate disposal request and for the specific 
exemptions from 10 CFR 30.3 and 10 CFR 70.3 in order to dispose of the 
CaF2 waste. Under the 10 CFR 20.2002 criteria, a licensee 
may seek NRC authorization to dispose of licensed material using 
procedures not otherwise authorized by NRC regulations. The licensee's 
supporting analysis must show that the radiological doses arising from 
the proposed 10 CFR 20.2002 disposal will be as low as reasonably 
achievable and within the 10 CFR part 20 dose limits.
    WEC previously performed a radiological assessment in consultation 
with USEI. Based on this assessment, WEC concluded that potential doses 
to members of the public, including transportation workers and USEI 
workers involved in processing and disposing of the waste upon its 
arrival at USEI, are less than 1 mrem/y, well within the ``few mrem'' 
criteria that the NRC established (see NUREG-1757, Volume 1, Revision 
2).
    As documented in the SER, the NRC staff reviewed scenarios and 
related input parameters considered by WEC and USEI and found that they 
are appropriate for the scenarios considered. The NRC staff also 
reviewed the projected doses from the post-closure and intruder 
scenarios at USEI and found them acceptable. NRC staff did note that 
the inadvertent intruder construction scenario had potential doses that 
were larger than the other inadvertent intruder scenarios evaluated, 
but the NRC does not consider this scenario to be feasible due to the 
configuration of the disposal cells and USEI's waste disposal 
practices. NRC staff also notes that the proposed disposals are also 
subject to regulation under RCRA. These conclusions are consistent with 
the NRC's findings in its SER for the previous request, reflective of 
the similar radiological characteristics of the material from the 
operations pile and that described in the May 8, 2020 request.
    Based upon its the previously noted evaluation and its assessment 
of the potential impacts of the proposed action, in addition to 
focusing on the potential radiological impacts as previously discussed, 
this EA next considers potential environmental impacts from non-
radiological materials. With regard to potential non-radiological 
impacts, the NRC staff concludes that approval of the proposed request 
to dispose of material with small amounts of radioactive material would 
not have significant environmental impacts, including effects on non-
radiological effluents, air quality, or noise. In addition, approval of 
the proposed action will not significantly increase the probability or 
consequences of accidents as well as occupational and public radiation 
exposure because of the quantities and forms of material involved, as 
further evaluated in the NRC's SER.
    Therefore, due to the very small amounts of radioactive material 
involved, the evaluation noted earlier, and the NRC staff's analysis in 
the SER and its SER for the May 8, 2020 request, the NRC staff finds 
that the environmental impacts of the proposed action are not 
significant.

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed action, the NRC staff considered 
the no-action alternative in which the NRC staff would deny the 
disposal request. Denial of the request would require WEC to find 
another disposal pathway for this material, and would ultimately only 
change the location of the disposal site. All other factors would 
remain the same or similar. Therefore, the no-action alternative was 
not further considered. NRC staff also notes that pursuing the no-
action alternative would result in the licensee potentially violating 
the SCDHEC requirements to remove the material from the East Lagoon so 
that it can be remediated while it identifies another disposal option.

III. Finding of No Significant Impact

    The proposed action consists of NRC approval of (a) WEC's and 
USEI's alternate disposal requests under 10 CFR 20.2002, (b) WEC and 
USEI's exemption request under 10 CFR 30.11(a) and 10 CFR 70.11(a), and 
(c) the issuance of a conforming license amendment to WEC. Based on 
this EA, the NRC finds that there are no significant environmental 
impacts from the proposed action. Therefore, the NRC has determined, 
pursuant to 10 CFR 51.31, that preparation of an environmental impact 
statement is not required for the proposed action and a FONSI is 
appropriate.

IV. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

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                  Document                       ADAMS accession No.
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Request for Alternate Disposal Approval and  ML21039A719.
 Exemption for Specific Columbia Fuel
 Fabrication Waste, dated February 8, 2021.
Request for Exemptions under 10 CFR 30.11    ML21061A273.
 and 10 CFR 70.17 for Alternate Disposal of
 Wastes from Columbia Fuel Fabrication
 Facility under 10 CFR 20.2002, dated
 February 25, 2021.
Westinghouse Electric Company, LLC--         ML20302A084.
 Amendment 25 to Material License SNM-1107,
 Exemption for Alternate Disposal of
 Specific Waste (Enterprise Project
 Identifier L-2020-LLL-0009), dated
 December 9, 2020.
Exemption for Alternate Disposal of          ML20304A341.
 Specific Waste from the Westinghouse
 Columbia Fuel Fabrication Facility under
 10 CFR 20.2002, 10 CFR 30.11 and 10 CFR
 70.17, dated December 9, 2020.
Request for Alternate Disposal Approval and  ML20129J934 (Package).
 Exemption for Specific Columbia Fuel
 Fabrication Facility Waste (License No.
 SNM-1197, Docket No. 70-1151), dated May
 8, 2020.
Request for Exemptions under 10 CFR 30.11    ML20280A601.
 and 10 CFR 70.17 for Alternate Disposal of
 Wastes from Columbia Fuel Fabrication
 Facility under 10 CFR 20.2002, dated May
 11, 2020.

[[Page 13918]]

 
Response to Request for Additional           ML20287A545.
 Information--Alternate Disposal Approval
 and Exemptions for Specific Columbia Fuel
 Fabrication Facility Waste (License No.
 SNM-1107, Docket No. 70-1151), dated
 October 13, 2020.
Response to Request for Additional           ML20266G551.
 Information--Alternate Disposal Approval
 and Exemptions for Specific Columbia Fuel
 Fabrication Facility Waste (License No.
 SNM-1107, Docket No. 70-1151), dated
 September 22, 2020.
Safety Evaluation Report...................  ML20302A085.
NUREG-1757, Volume 1, Revision 2,            ML063000243.
 ``Consolidated Decommissioning Guidance''.
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    Dated: March 8, 2021.

    For the Nuclear Regulatory Commission.
Jacob I. Zimmerman,
Chief, Fuel Facility Licensing Branch, Division of Fuel Management, 
Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2021-05094 Filed 3-10-21; 8:45 am]
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